The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, after concluding a contract for construction with the victims, received part of the construction cost first and carried out construction work. During the construction work, the victims and the construction cost did not proceed with the construction work. As such, the Defendant intended to proceed with the construction work.

In addition, the Defendant had a lot of construction experience prior to the instant case, and thus, the Defendant had the ability to complete the construction works even if they are performing at the same time.

Therefore, it is difficult to view that the Defendant intended to acquire the victims’ money.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. In light of the fact that the defendant has undertaken some of the construction works, the sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. Determination

A. The deception as a requirement for a judgment of fraud as to the assertion of mistake of facts refers to all affirmative or passive acts that have to comply with each other in property transactional relations, and it does not necessarily require to be related to the important part of a juristic act, and it is sufficient to establish the basis for a judgment in order to allow an actor to conduct an act of disposal of property that he/she wishes by omitting the other party into mistake.

In addition, it is necessary to judge whether a certain act constitutes a deception that causes mistake of another person, taking into account the situation of the transaction, the other party's knowledge, experience, and occupation, and the specific circumstances at the time of the act.

In addition, in the case of fraud involving taking advantage of property, if there is a delivery of property due to deception, it itself constitutes a crime of fraud by infringing the victim's property, and it was paid a considerable amount of consideration.

(2) the whole of the victims.